Do You Need Condo Board Approval to Renovate in Ontario?

Replacing flooring, moving a wall or redoing a kitchen can be simple in a house. In a condo, even work inside your unit can affect neighbours, the building's structure or the common elements, so many buildings want a say.

This article explains where the answer comes from, what an alterations agreement generally involves, and the insurance points to think about. The exact approvals for your project depend on your building's documents, so confirm them before you start.

The answer is in your governing documents

There is no single list that says flooring needs consent and paint does not. Your building's declaration, by-laws and rules set out which changes need approval. Read all three, and ask management whether the corporation has a standard process or form for owner alterations.

Rules must aim to promote the safety and welfare of owners and property, or to prevent unreasonable interference with the use of units, common elements or assets. They must also be reasonable and consistent with the Condominium Act, the declaration and the by-laws. The declaration is not held to any legal standard of reasonableness, and it is registered, unlike rules, which do not need to be registered.

Which changes usually raise questions

Your documents decide each case, but certain kinds of work tend to draw attention from boards. Knowing them helps you ask the right questions early.

• Flooring changes, because of sound passing to the unit below.
• Moving, removing or opening up walls, because of structure and building systems.
• Plumbing, electrical or heating work that connects to shared systems.
• Anything touching windows, balconies, doors or other parts that may be common elements.
• Work that brings contractors, noise or materials through shared spaces.

Ask in writing before you hire anyone.

What an alterations agreement involves

Where the corporation allows a change, it often records the terms in a written agreement with the owner. The terms differ between buildings, so read yours carefully. Common subjects include the following.

• A description of the work, plans and the contractor who will do it.
• Rules on working hours, moving materials and use of elevators.
• Who is responsible for damage caused by the work.
• Who is responsible for future repair and upkeep of the alteration.
• Whether the agreement binds future owners of the unit.
• Any proof of insurance the corporation asks for.

Have a lawyer review the agreement if it is long, or if it makes you responsible for costs you do not understand.

Insurance and who pays for damage

The condo corporation must insure the units and common elements against major perils such as fire and flood. However, its policy does not cover improvements or non-standard parts of a unit, and fixtures, furnishings, equipment and personal property are not part of a standard unit, so owners should insure them themselves. A renovation that upgrades your unit may therefore sit outside the corporation's policy.

The Condominium Act does not itself make owners carry insurance, but the corporation's governing documents may. Deductibles also matter. Where an owner's own act or omission causes damage, the lesser of the deductible or the repair cost is charged back to that owner's unit. A by-law can make owners liable in more situations, such as accidental damage where no one is at fault. Renovation work that leaks or damages a neighbour's unit could therefore cost you.

What to do next

• Get the declaration, by-laws and rules, and look for alteration provisions.
• Describe your plan to management in writing before signing with a contractor.
• Get any approval or alterations agreement in writing.
• Ask your own insurer how your improvements are covered.
• Speak with a lawyer if the terms are unclear or the board refuses without good reason.

If you disagree with a rule, owners can ask for a meeting about it by delivering a written requisition that states the topics and is signed by owners of at least 15% of the voting units. Tenants cannot sign a requisition, and neither can owners who are 30 days or more in arrears. When the board proposes a new or changed rule, it takes effect 30 days after notice unless owners requisition a meeting. If they do, the board must hold the meeting and a vote within 35 days, decided by a majority of votes cast by owners.

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